BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130002166
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Purple Heart (PH).
2. The applicant states he was wounded on 31 December 1965 from a stray bullet by a Private First Classs rifle that discharged by accident in the field. He further states at the time a PH was not awarded if the gunshot was an accident.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 30 March 1965. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B ((Wheel Vehicle Mechanic) and the Parachutist Badge. The highest rank he attained while serving on active duty was specialist four/E4.
3. Item 31 (Foreign Service) of the applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Headquarters and Headquarters Company (HHC), 2nd Battalion (Airborne), 503rd Infantry from 10 September 1965 to 5 October 1966.
4. The applicants DD Form 214 shows after his initial enlistment, he was honorably discharged on 20 April 1967 to immediately reenlist. He continued to serve and was honorably discharged on 14 March 1975. His DD Forms 214 do not show award of the PH.
5. Item 40 (Wounds) of his DA Form 20 is blank. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the PH.
6. Review of the Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name. His Army Military Human Resource Record (AMHRR) is void of any orders or medical documents that show he was ever awarded the PH or wounded in action or treated for a wound received as a result of enemy action.
7. A review of the Awards and Decoration Computer Assisted Retrieval System (ADARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the PH pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official records.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the PH was carefully considered and it was determined to lack sufficient evidence to grant relief.
2. In order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The wound must have also required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
3. In the absence of official documentary evidence that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award the PH in this case.
4. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ __X______ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130002166
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